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Chapter Summary

The use of constitutional language in public international law is today much less controversial than it was five years ago. In contemporary 'mainstream' international law, constitutional ideas and language are often associated with the concept of jus cogens, or peremptory norms of international law. As customary law, jus cogens easily fits into the traditional system of sources of international law and, what is more important, international law as a system of rules based on state consent. Taking the constitutional character of the UN Charter seriously can be a starting point for moving towards conditions in which the values pronounced by the Charter - a life of all peoples in peace and tolerance, the protection of human rights and freedoms, justice, social progress, the equality of states and peoples - are better and more evenly realized.

Keywords: international constitution; international law; jus cogens; UN Charter

10.1163/ej.9789004175105.i-216.38
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